Harris v. Jones
Supreme Court of Alabama
Appeal from Coosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by T. N. Harris against E. V. Jones and others, to redeem from mortgage and for an accounting for rents and profits against the mortgagee in possession. From a decree sustaining demurrers and dismissing the bill, complainant appeals.
Read the full summary
Appeal from Coosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by T. N. Harris against E. V. Jones and others, to redeem from mortgage and for an accounting for rents and profits against the mortgagee in possession. From a decree sustaining demurrers and dismissing the bill, complainant appeals. The bill contained equity and the court erred in its decree sustaining demurrers and dismissing the bill. — 27 Cyc. 1839; High v. Hoffman, 129 Ala. 359; Field v. Clayton, 117 Ala. 538; American F. L. M. Co. v. Pollard, 132 Ala. If Mrs. Harris was non compos mentis the mortgage was…
1Opinion of the Court
de GRAFFENRIED, J.
This is a bill to redeem the lands described in the bill from a mortgage or mortgages, and, as an incident to- this main purpose of the bill, the complainant prays that respondents, who are in possession of the land, be required to account to the complainant for the rents, incomes, and profits which they have received, or by the exercise of reasonable care and diligence might have received, from the land since they became possessed of it, and also- for waste which, the bill alleges, has been committed by the respondents upon the said land.
The rules which fix the liability of…
2Cases cited3 opinions
- Wilkinson v. WilkinsonSupreme Court of Alabama · 1900
- American Freehold Land Mortgage Co. v. PollardSupreme Court of Alabama · 1902
- Patterson v. SimpsonSupreme Court of Alabama · 1906
3Cited by6 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Brewster v. WestonMassachusetts Supreme Judicial Court · 1920
- MacKe v. MacKeSupreme Court of Alabama · 1917
- Coon v. HendersonSupreme Court of Alabama · 1941
- Macke v. MackeSupreme Court of Alabama · 1917
1 more not listed; retrieve them via the Exa API.